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Case Summaries

Case Summaries ⋆

R v B [2013]
R v B [2013] EWCA Crim 3 established a significant legal precedent regarding the test for reasonable belief in consent under the Sexual Offences Act. The court clarified that the test is inherently objective, and the mental illness of the defendant s...
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DPP v Smith [2006]
DPP v Smith [2006] EWHC 94 (Admin) dealt with the question of whether cutting off someone's hair without consent constitutes actual bodily harm under Section 47 of the Offences Against the Person Act (OAPA).Smith, the defendant, was awakened by ...
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Fisher v Bell [1961]
Fisher v Bell [1961] 1 QB 394 is a landmark English contract law case that deals with the distinction between an invitation to treat and an offer in the context of the formation of a contract. The case clarifies that the display of goods in a shop wi...
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Adler v George [1964]
Adler v George [1964] 2 QB 7 is an English public law case that exemplifies the application of the golden rule of statutory interpretation. The golden rule allows judges to depart from the literal meaning of words in a statute when adhering to it wou...
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Heydon's Case [1584]
Heydon's Case [1584] EWHC Exch J36 is a landmark case that introduced the mischief rule of statutory interpretation. This rule, more flexible than the literal or golden rule, requires judges to address four tasks to ensure the law covers any gap...
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Royal College of Nursing v Department of Health and Social Security [1981]
Royal College of Nursing v Department of Health and Social Security [1981] 2 WLR 279 is an English public law case that concerned the application of the mischief rule of statutory interpretation. This rule involves examining the problem or defect in ...
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R v Savage; R v Parmenter [1991]
R v Savage; R v Parmenter [1991] UKHL 15 were conjoined final appeals in English criminal law that revolved around the mens rea required under Sections 20 and 47 of the Offences Against the Person Act 1861 (OAPA). The fundamental distinction lies in ...
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R v Bollom [2003]
R v Bollom [2003] EWCA Crim 2846 revolved around the consideration of the victim's characteristics, including age, in determining whether the harm caused amounted to actual bodily harm.The factual background of the case involved the defendant dr...
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R v Ireland [1998]
R v Ireland [1998] AC 147 centred around the interpretation of Sections 20 and 47 of the Offences Against the Person Act 1861 (OAPA 1861) and whether recognisable psychiatric illness could be deemed as 'bodily harm' and if harm could be inf...
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Attorney-General's Reference (No 6 of 1980) [1981]
Attorney-General's Reference (No 6 of 1980) [1981] QB 715 revolved around the question of whether consent could serve as a valid defence in cases involving fighting or the intentional causing of actual bodily harm. The factual background involve...
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R v Dica [2004]
R v Dica [2004] QB 1257 addressed the issue of grievous bodily harm being inflicted when HIV or other sexual diseases are transmitted. The key distinction in this case was the application of consent as a defence under Sections 20 and 18 of the Offenc...
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R v Konzani [2005]
R v Konzani [2005] EWCA Crim 706 dealt with the issue of consent to the risk of HIV infection and its implications under Section 20 of the Offences Against the Person Act 1861 (OAPA).Konzani, the defendant, was aware of his HIV-positive status and th...
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R v Simon Slingsby [1995]
R v Simon Slingsby [1995] Crim LR 570 addressed the issue of unforeseen physical injury resulting from consensual sexual activity and whether it constituted a criminal offence.Simon, the defendant, engaged in consensual sexual activity with the victi...
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H v Crown Prosecution Service [2010]
H v Crown Prosecution Service (CPS) [2010] EWHC 1374 (Admin), [2012] QB 257 addressed the issue of implied consent in the context of an assault by a student with ADHD against a teacher at a special needs school.The defendant, a young student sufferin...
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R v Tabassum [2000]
R v Tabassum [2000] 2 Cr App R 328, [2000] Crim LR 686 revolved around the vitiation of consent in cases involving assault when there was fraud regarding the nature or quality of the act.The defendant, Tabassum, had falsely represented himself as med...
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